Refine By
Clear all filter
About 91151 results for "*"
PRACTICE NOTES
Background The Computer Misuse Act 1990 (CMA 1990) was principally enacted in response to the threat of unauthorised access to computers, colloquially known as ‘hacking’ offences. It had become apparent that there was no legislation in place to effectively prosecute hacking, a lacuna exposed, in particular, by R v Gold & Schifreen where the Court of Appeal quashed a conviction for creating a false instrument contrary to the Forgery and Counterfeiting Act 1981 in relation to conduct that amounted to unauthorised access to BT’s Prestel Computer Network. The House of Lords upheld the Court of Appeal’s decision and confirmed that this conduct was outside the scope of the false instrument offence as the false information, where the passwords used to gain access, had to be stored on the instrument for an appreciable time. The legislation was criticised at the time for being hastily introduced and poorly conceived, and Parliament had no concept of the ‘World Wide Web’ which did not come to prominence until the mid-1990s. Regardless, the
GLOSSARY
A portfolio that holds fewer stocks than the benchmark, with the aim of achieving a higher performance target but with a commensurate increase in risk.
GLOSSARY
A merger of two or more previously independent undertakings.
GLOSSARY
A merger with a European dimension (where one or more of the parties is active on a European market) may be subject to the EU merger control rules. If so, that merger must be cleared by the European Commission. A merger will need to be cleared by the Commission if it is a concentration. A concentration is where two independent companies merge, the acquisition of control by one (or more) company over another, where there is a change of control in the acquired company, or where a joint venture is formed.
GLOSSARY
A joint venture that is considered to be a concentration under EUMR, ie that has the characteristics of 'full functionality'. For further information, see Concentration. A joint venture will require notification to (and clearance by) the EU Commission where it is confirmed that it is a 'concentration' and meets the financial thresholds set out in the EUMR.
GLOSSARY
This type of search uses algorithms to connect underlying associations in words within documents.
NEWS
Law360: Hymans Robertson LLP has stated that a lack of time and resources will prove challenging for pension providers as they seek to implement the Financial Conduct Authority's (FCA) new consumer protection rules by a proposed April 2023 deadline.
NEWS
The3million and the Immigration Law Practitioners’ Association (ILPA) have jointly written to the Home Office in relation to the forthcoming full enforcement of the Electronic Travel Authorisation (ETA) scheme for non-visa nationals from 25 February 2026. The letter notes that approximately 10 million UK residents hold their immigration status in the form of an electronic visa (eVisa), and the letter sets out concerns arising from reports of travellers experiencing difficulties when carriers conduct digital status checks before boarding.
GLOSSARY
Parties acting in concert.
GLOSSARY
A form of coordination between undertakings which, without having reached the stage where an agreement properly so-called has been concluded, knowingly substitutes practical cooperation between them for the risks of competition' as per the European Court of Justice in Cases 48/60 etc ICI v. EC Commission ('Dyestuffs') [1972] ECR 619.
GLOSSARY
A concerted practice potentially covers any situation where companies coordinate their conduct on the market, causing them to compete less vigorously than before and where cooperation replaces competition.
PRACTICE NOTES
The concept of concerted practice laid down in Article 101(1), TFEU enables the European Commission (Commission), national competition authorities and national courts to prohibit certain forms of anti-competitive conduct among undertakings, which do not qualify as agreements. For an overview of Article 101(1), TFEU, see further, The prohibition on restrictive agreements. Concept of concerted practices: definition and underlying rationale Article 101, TFEU draws a distinction between agreements between undertakings, decisions by associations of undertakings (which we will not examine here) and concerted practices. The notion of an agreement implies that the parties adhere to a common plan that limits or is likely to limit their individual commercial conduct by determining how they will act or abstain from acting in the market. The concept of concerted practices refers to undertakings that knowingly engage in collusive behaviour to reduce uncertainty in the market. In contrast to an agreement, such collusive behaviour does not require the participants to adhere to a common plan that defines their actions in the market. Rather, it is enough if the participants 'knowingly adopt or adhere to collusive